What In-House Counsel Should Know in Navigating the DOJ Bulk Data Access Rule

Описание: The DOJ's new Bulk Data Access Rule, effective April 8, 2025, marks a seismic shift in how U.S. companies must manage cross-border data flows. As global data flows underpin everything from M&A transactions to digital marketing, in-house counsel must now navigate a complex regulatory regime that casts a wide net over everyday business operations.

Key issues we will unpack include:

-What's a "Covered Data Transaction"? This CLE webinar will break down the sweeping definition of "covered data transactions," showing how M&A due diligence, vendor management, and global workforce arrangements are now subject to national security scrutiny.

-The Expansive Scope of "Sensitive Personal Data": We will discuss how the DOJ Rule goes far beyond traditional categories such as health data, biometric identifiers, and precise geolocation.

-Exemptions Available to U.S. Medical Device Manufacturers: We will explore the limited but crucial exemptions available for data transfer between a U.S. person and its foreign subsidiary or affiliate. For U.S. medical device companies, the DOJ Rule provides additional safe harbors that promote innovation and facilitate regulatory approval for medical device authorization by foreign regulators.

-Hidden Risks in Digital Marketing and AdTech: We will uncover the compliance pitfalls when seemingly routine digital marketing practices trigger DOJ oversight. Legal and marketing must collaborate to conduct due diligence, contractual safeguards, and technical controls to manage AdTech providers and potential downstream data sharing without your knowledge and explicit consent.

Continuing Education Credit:
This program is being submitted for 1.0 hour of CLE credit in Alabama, Florida, Georgia, Louisiana, Mississippi, North Carolina, South Carolina, Tennessee, and Texas. Credit cannot be awarded to viewers of the recorded program.

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